CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT SEPARATE OPINIONS
59
JOINT PARTLY DISSENTING OPINION OF JUDGES
TULKENS, VAJIĆ, BERRO-LEFÈVRE, BIANKU,
POALELUNGI AND KELLER
(Translation)
1. In the light of the findings made in relation to Article 2 of Protocol
No. 1, the majority takes the view that there is no need to examine the
complaint under Article 8 of the Convention or the complaint under
Article 14 separately. We can certainly understand that in some cases, either
where the judgment has dealt with the main legal issue or where the
complaints coincide or overlap, the Court should take this approach, which
could be described as procedural economy. In the instant case, however, it
appears to us to be unduly reductive, giving an incomplete picture of the
situation and the consequences it entails.
Article 8
2. We believe it is important to stress that the right under Article 8 of the
Convention to respect for private and family life, in both its individual and
social aspects, encompasses the right to the recognition of one’s language as
a component of cultural identity. Language is an essential factor in both
personal development and social interaction.
3. The 1989 United Nations Convention on the Rights of the Child
expressly provides that a child’s education should be directed to respect for
the identity, language and values of the country in which the child is living
or from which he or she originates (Article 29 § 1 (c)).
4. From the standpoint of private and family life, the applicants’
argument that the imposition of an alien script was aimed at undermining,
and even eliminating, the linguistic heritage of the Moldovan population
and in a sense forcing them to adopt a new “identity” unquestionably has
some force and merited separate examination. This is particularly true since
the issue at stake concerns the children’s intellectual development – a matter
which clearly comes within the scope of private life – in a society which
speaks the same language but writes it in a different alphabet. The risk of
impoverishment of this linguistic and cultural identity cannot be ruled out.
5. A further consideration arises, likewise linked to the lives of the
families and the interaction within them using their common language. Let
us take the example of a letter, email or text message written by the parents
in Romanian, using Latin script, to their children, who learn Romanian
using the Cyrillic script: being required to write the same language in a
different alphabet could conceivably, in some circumstances, give rise to
difficulties in communicating.